NAMA has been given the go ahead by the Commercial Court to seek the arrest of a businessman whom it is pursuing over failure to repay a €24m judgement.
Mr Justice Peter Kelly said yesterday he was satisfied that John Shee is in prima facie (on the face of it) contempt of court orders under which he was required to give NAMA details, by January 6 last, of his assets and debts, plus relevant documents concerning those.
In those circumstances, NAMA was entitled to an order directing gardai to arrest Mr Shee, with an address at Lishee, South Circular Road, Limerick, and bring him before the court to explain why he should not be jailed for contempt, the judge said.
Mr Shee should be brought before the court on February 10 next, the judge directed.
The order was sought by Andrew Fitzpatrick, for NAMA, who noted there had previously been difficulties with service of legal documents on Mr Shee.
After a summons server was unable to enter Mr Shee's home on December 9 last to give him the documents, NAMA was permitted by a December 17 court order to effect service by posting the relevant documents to his home address, the court heard.
NAMA had previously obtained orders requiring Mr Shee to provide a sworn statement of his assets and liabilities, plus relevant books and records, to the agency by January 6.
The agency said those materials were necessary to allow it prepare for a court examination of Mr Shee about his financial affairs, scheduled for February 7 next.
The court examination was sought arising from a failure by Mr Shee and others to make repayments under a €24m judgment obtained against them in March 2011.
The judgment related to unpaid loans advanced by Allied Irish Banks and was later transferred to NAMA.